History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s4: 4. The Dharmasūtras

History of Dharmaśāstra (Ancient and Mediaeval Religious and Civil Law in India) v1.c6.s4

Language: English

4. The Dharmasūtras

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It seems that originally many, though not all, of the *dharmasūtras* formed part of the Kalpasūtras and were studied in distinct *sūtracaraṇas*. Some of the extant dharmasūtras here and there show in unmistakable terms that they presuppose the Gṛhyasūtra of the *caraṇa* to which they belong. Compare Āp. Dh. S. I. 1. 4. 16 with Āp. Gṛ. S. I. 12 and II. 5; and Baud. Dh. S. II. 8. 20 with Baud. Gṛ. S. II. 11. 42 (and other sūtras)⁵⁴. The Dharmasūtras belonging to all sūtracaraṇas have not come down to us. There is no dharmasūtra completing the Āśvalāyana Śrauta and Gṛhya sūtras; no Mānavadharmasūtra has yet come to light, though the

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⁵⁴ अग्निमिन्धीत परिसमूह्य समिध आदध्यात् सायं प्रातर्यथोपदेशम् । आप. ध. सू. I. 1. 4. 16; अग्निमिन्ध्व। प्रागग्रैर्दर्भैः परै परिस्तृणाति । आप. गृ. I. 12 and इध्ममादाया- ... यति दर्शपूर्णमासवत्तूष्णीम् । आप. गृ. II. 5 ; शेषमुक्तमष्टकाहोमे (बौ. ध. सू. II. 8. 20) refers to बौ. गृ. II. 11. 42; मूर्धललाटनासाग्रप्रमाणा याज्ञिकस्य वृक्षस्य दण्डाः (बौ. ध. सू. I. 2. 16) refers to बौ. गृ. II. 5. 66 and other places where पलाश is one of the याज्ञिक trees.

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Mānava Śrauta and Gṛhya sūtras are extant; in the same way the Śāṅkhāyana Śrauta and Gṛhya sūtras, but no Śāṅkhāyana sūtra. It is only in the case of the Āpastamba, Hiraṇyakeśi, Baudhāyana Sūtracaraṇas that we have a complete *kalpa* tradit with its three components of Śrauta, Gṛihya and Dharma sūtras. Tantravārtika of Kumārila contains very interesting observations on this point. It tells us that Gautama (dharmasūtra) and Gobhila (gṛhyasūtra) were studied by the *Chandogas* (Sāmavedins), Vasiṣṭha (dharmasūtra) by the Ṛgvedins, the dharmasūtra of Śaṅkha-Likhita by the followers of Vājasaneya-saṁhitā and the sūtras of Āpastamba and Baudhāyana by the followers of the Taittirīya Śākhās. The Tantravārtika (p. 179) establishes it as a *siddhānta* (on Jaimini I. 3. 11) that all the *dharma* and *gṛhya* sūtras are authoritative for all Aryan people. From this it appears that although originally all sūtracaraṇas might not have possessed dharmasūtras composed by the founder of the *caraṇa* or ascribed to him, yet gradually certain dharmasūtras were specially taken over or appropriated by certain *caraṇas*. As the *dharmasūtras* were mostly concerned with rules about the conduct of men as members of the Āryan community and did not deal with ritual of any kind, all *dharmasūtras* gradually became authoritative in all schools.

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The *dharmasūtras* were closely connected with the *gṛhyasūtras* in subjects and topics. Most of the Gṛhyasūtras treat of the sacred domestic fire, the divisions of Gṛhya sacrifices, the regular morning and evening oblations, sacrifices on new and full moon, sacrifices of cooked food, annual sacrifices, marriage, *puṁsavana*, jātakarma, upanayana and other *saṁskāras*, rules for students and *snātakas* and holidays, śrāddha offerings, madhuparka. In most cases the Gṛihyasūtras confine themselves principally to the various events of domestic life; they rarely give rules about the conduct of men, their rights, duties and responsibilities. The dharmasūtras also contain rules on some of the above topics such as marriage and the saṁskāras, brahmacarya and snātakas and holidays, on śrāddha and pāka. It is therefore not to be wondered at that in the Āpastamba-gṛhyasūtra the topics of the duties of the Brahmacārin and the house-holder, of *atithis* and of *śrāddha* are meagrely treated as compared with the Āpastamba-dharmasūtra. The dharmasūtras very rarely describe the ritual of domestic life; they merely touch upon it; their scope is wider and more ambitious; their principal purpose is to dilate upon the rules of conduct, law and custom. Some sūtras are common to both the Āpastamba-gṛhya and the dharma sūtra⁵⁶. Sometimes the gṛhyasūtra appears to refer to the dharmasūtra⁵⁷. There are certain points which distinguish the dharmasūtras (the more ancient of them at least) from smṛtis. (a) Many dharmasūtras are either parts of the Kalpa belonging to each sūtracaraṇa or are intimately connected with the gṛhyasūtras. (b) The dharmasūtras sometimes betray some partiality in their Vedic quotations for the texts of that Veda to which they belong or in the caraṇas of which they are studied. (c) The authors of the (older) dharmasūtras do not claim to be inspired seers or superhuman beings⁵⁸, while the other smṛtis such as those of Manu and Yājñavalkya are ascribed to Gods like Brahmā. (d) The *dharmasūtras* are in prose or in mixed prose and verse; the other smṛtis are in verse. (e) The language of the *dharmasūtras* is generally more archaic than that of the other smṛtis. (f) The *dharmasūtras* do not proceed upon any orderly arrangement of topics, while the other smṛtis (even the oldest of them, viz. Manusmṛiti) arrange their contents and treat of the subjects under three principal heads viz. *ācāra*, *vyavahāra* and *prāyaścitta*. (g) Most of the *dharmasūtras* are older than most of the other smṛtis.

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⁵⁵ तन्त्रवार्तिक p. 179 ' पुराणमानवेतिहासव्यतिरिक्तगौतमवसिष्ठशङ्खलिखितहारीता पस्तम्बबौधायनादिप्रणीतधर्मशास्त्राणां गृह्यग्रन्थानां च प्रतिशाख्यलक्षणवत्प्रतिचरणं पाठव्यवस्थोपलभ्यते । तद्यथा गौतमौयगोभिलीये छन्दोगैरेव परिगृहीते । वासिष्ठं बह्वृचैरेव शङ्खलिखितोक्तं च वाजसनेयिभिः । आपस्तम्बबौधायनीये तैत्तिरीयैरेव प्रतिपन्ने । एवं तत्र तत्र गृह्यव्यवस्थाम्युपगमादि दर्शयित्वा विचारयितव्यम् । किं तानि तेषामेव प्रमाणान्युत सर्वेषाम् । (on पू. मी. सू. I. 3. 11).

Linked texts (6)

Āpastambadharmasūtra — Āpastamba, Sanskrit
Āpastambagṛhyasūtra — Āpastamba, Sanskrit
Baudhāyanagṛhyasūtra — Baudhāyana, Sanskrit
Mīmāṃsāsūtra — Jaimini, Sanskrit
Baudhāyanadharmasūtra — Baudhāyana, Sanskrit
Gautamadharmasūtra — Gautama (dharmasūtrakāra), Sanskrit